East Hartford Probate Judge Seeks To Remove Candace Bednarz From Control Of Mother's Estate

April 30, 2013|By DAVID OWENS, dowens@courant.com, The Hartford Courant

EAST HARTFORD — East Hartford's probate judge wants to remove Candace Bednarz as fiduciary of her slain mother's estate, now that Bednarz has been arrested on charges of tampering with evidence and hindering the prosecution the man police say killed her mother.

Probate Judge Allan Driscoll has scheduled a hearing on the matter for May 14 at the East Hartford Probate Court in town hall. Driscoll also is seeking a report on the status of Beverly Therrien's estate.

Driscoll made the move after learning of the arrest of Bednarz, 54, of Manchester. She posted $150,000 bail and is scheduled to be arraigned May 8 in Superior Court in Manchester.

Bednarz's brother, Brett Bednarz, is awaiting trial on charges that he killed his 74-year-old mother, along with Pamela Johns, 60, and Michael Ramsey, 53, who were staying with Therrien at her home at 154 Naomi Drive home on Thanksgiving 2010.

Driscoll, at the request of the state victim advocate, already has ruled that there will be no disbursements from Therrien's estate, except to creditors.

No will was found in Therrien's home in the aftermath of her killing, and Driscoll ruled that a 2006 copy of her will was not valid. In the 2006 will, Therrien named Brett Bednarz as executor and primary beneficiary of her estate. Therrien specifically excluded Candace Bednarz from receiving anything from the estate.

"I intentionally make no provisions herein for the benefit of my daughter as there is no relationship between my daughter and me and I have provided money to her in the past to provide for herself and her daughter," the will says. "Additionally, she has sufficient assets with which to support herself."

According to a search warrant East Hartford police obtained during the homicide investigation, Therrien had made an appointment to meet with her lawyer on Dec. 1, 2010, to cut Brett Bednarz out of her will. Her lawyer confirmed to police that he had a meeting scheduled with her that day, but said he did not know the purpose of the meeting.

After the 2006 will was drafted, Brett Bednarz was convicted of assaulting his mother.

At a court hearing where he was sentenced for assaulting his mother, a judge ordered Bednarz to stay away from his mother. Therrien, who told friends and court officials she feared her son would kill her, told the judge that same day that she loved her son.

"I still love him, but he doesn't deserve my love," she said. "I've protected him long enough. I never want Brett to come near me again. After I'm dead, he can go in the house and take what he wants."

With no will governing Therrien's estate, state law specified her children as heirs. Candace Bednarz petitioned to become fiduciary and to control the estate's assets.

In an initial filing with the probate court, Candace Bednarz indicated the estate's assets were less than $35,000 in cash.

Since then, according to the warrant for her arrest, Candace Bednarz has moved in excess of $90,000 from an estate account into accounts she controls. Employees at an East Hartford bank told investigators that Candace Bednarz made large cash withdrawals, then took the cash to a safety deposit box she controlled, then left the bank without the cash.

East Hartford police obtained a search warrant for the safe deposit box. What police found has not yet been revealed in court filings.